The University of Texas at Austin

Law in Popular Culture collection

THE TICHBORNE CASE

(1) ROGER TICHBORNE

IN a corner of East Hampshire, eight or ten miles from
Winchester, and about three from the little market town
of Alresford, lies Cheriton, an ideal English village.
Branching off the highway, half a mile before you come
to the church and village green, a road leads you
through high hedges and past rich water meadows to
Tichborne Park, where for centuries, reaching back be-
yond the Norman conquest, the family of that name has
lived and borne sway. The house itself is modern, built
early in the present century, but the picture of the famous
'Dole' shows the interesting old mansion which it has re-
placed; and the beautiful avenues, known as the `Crawls,'
commemorate the deed of devotion by which the Dole was
established. The Tichbornes have long ranked with the
great Roman Catholic families of England, connected with
them by constant intermarriage, and sharing in that en-
forced isolation to which prejudice and harsh laws have
until recent times condemned many of the noblest and
most loyal of the English houses, but occupying none the
less, by virtue of their broad acres and ancient lineage, a
prominent and influential position in the county.

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     Sir Henry Tichborne, the seventh baronet, was the
father of four sons, and at his death, in 1821, there could
have seemed little prospect of a failure of male heirs, but
the next generation disclosed a very different state of
things. The eldest son, Sir Henry Joseph, had six
daughters, but no boy; and when he died in 1845, he was
succeeded by his brother, Sir Edward, to whom large
estates in Dorsetshire and Northamptonshire and valuable
London house property had been bequeathed by the will
of an old Miss Doughty, whose name he assumed in lieu
of Tichborne. Married to a daughter of Lord Arundel
of Wardour, Sir Edward had one son, who died in infancy,
and his only other child was a daughter. Robert Tich-
borne, the youngest of the four, was married, but had no
issue; and the only hope of retaining the Doughty and
Tichborne estates in the male line was centred in the third
brother, James, who was the father of two sons, Roger
Charles, born in 1829, and Alfred Joseph, who entered
the world ten years afterwards.1
     James Tichborne's marriage brought him male heirs,
but it does not seem to have brought much happiness; at
any rate it was a very chequered union. He had chosen
for his wife Henriette Felicity, the natural daughter of
Mr. Henry Seymour of Knoyle, in Wiltshire; her mother
was a member of one of the most distinguished families
in France, that of Bourbon Conti; and though the
relationship was never alluded to in words, she lived on
affectionate terms with her father and her half-brothers
and sisters, and was with her husband and sons a constant
visitor at Knoyle. In her youth she had been a spoiled
beauty, and she had grown up with a perverse and selfish

1 There were two daughters, who died in infancy.

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disposition, attached to her husband, but making his life
miserable, and treating her two children at times with
injudicious indulgence, but always in accordance with
her own reckless caprice. The strongest motives which
regulated her domestic conduct were dislike of England
and the English, and and jealousy of her husband's
relations. Her great wish was that her sons should be
brought up in France and as Frenchmen, and to this she
adhered with the tenacity of a narrow, ill-regulated, but
most obstinate disposition.
     To this object additional zest was given by her
husband's opposition. Fond of his relatives, and of the
old English home, of which his eldest son must in .the
course of nature become master, he felt how necessary it
was for Roger to receive an education such as would fit
him to associate with his equals amongst the Hampshire
gentry, but it was not for many years that he was able
to accomplish his aim. Mrs. Tichborne's proclivities,
combined with the narrow income of a younger son,
made him choose Paris as his residence, and it was there
in the Rue de la Ferme that Roger was born, and it was
in Paris that his life was spent from 1829 to 1845. It
was the ordinary life of a home-bred French boy of good
family, except that he had even less liberty, and that his
education was shamefully neglected. His mother's ill-
judged fondness would not allow of his undergoing the
discipline of school, and he was handed over to a succes-
sion of tutors, sometimes trustworthy, sometimes the
reverse; and though French was his native language, and
no other seems to have been spoken at his home, he could
neither write it grammatically nor spell it correctly.
     At last, in 1845, the opportunity arrived. Mr. Tich-

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borne seized the occasion of the funeral of his brother,
Sir Henry Joseph, to bring Roger over to England; and
once there, without the knowledge of his wife, he placed
him at Stonyhurst, the famous Jesuit seminary, near
Preston in Lancashire. Mrs. Tichborne raved and
stormed from Paris, but the deed was done, and there
the next three years of Roger's life were spent. He was
put amongst what are called 'The Philosophers,' who lived
apart from the younger boys, and from those destined for
the priesthood, and who led a life something between that
of the prefects at a public school and freshmen at Oxford
or Cambridge. They were subjected to an easy discipline,
and went through a course of study, or, rather, had the
opportunity of doing so, for the attendance at lectures
seems to have been enforced very gently. Roger Tich-
borne does not appear to have profited to any very great
extent by the instruction of the fathers and professors --
his unhappy boyhood had never allowed of the founda-
tions of knowledge being laid -- but he had a fair amount
of general reading, learned the elements of Greek and
Latin, attempted to construe Caesar and Virgil, and
grappled with the earlier propositions of Euclid. At
any rate, he learned to speak and write English fluently,
though not always correctly, for his spelling was not good,
and his grammar showed constant traces of the French
idiom; above all, he learned to associate with young men
of his own age and station, drawn from the best Roman
Catholic families, and to prepare to hold his own in the
world. As far as his letters show, he was thoroughly
happy, and enjoyed the sports of the place, in one of
which, 'bandy' -- a name given to hockey when played
elsewhere than on the ice -- he came to excel.

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     Shortly after leaving Stonyhurst he entered the army,
again running counter to his mother's wishes. A cavalry
commission had been promised him, but there was some
delay; and in 1849 he took the bold step of writing to
Lord Fitzroy Somerset, the future Lord Raglan, with the
result that within a few weeks he was gazetted to the
6th Dragoon Guards, the Carabineers. Even in those
days an examination was necessary, though a very
different affair from that which is now required as a
passport to Sandhurst; but Roger, while failing in
arithmetic, succeeded in satisfying the examiners, .and
joined his regiment at Dublin in October 1849. His
service lasted from that date to December 1852, during
which period the Carabineers were stationed at Dublin,
Cahir, Clonmel, and finally at Canterbury. They were
then under orders for India, but the arrangement was
suddenly altered, and this determined Roger, who was
bent upon foreign service, to send in his papers and quit
the army. He seems to have been really fond of his
profession, but disqualified by nature from becoming a
good or even a tolerable officer; he knew his drill on
paper, but could never give the right word of command;
he was a bold rider, but could never acquire the cavalry
seat; he was not particularly popular among the men,
where his French accent exposed him to ridicule, and
he was the butt of the mess. Cavalry regiments have
not altered much in their interior economy, and practical
joking of a rather brutal kind was freely practised at his
expense. Still, he stood it most good-naturedly; and
when `Tich,' as he was called, sold out, his brother officers,
if they could not conscientiously regret the soldier, parted
on the friendliest terms from the quaint young Frenchman.

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     Roger Tichborne now resolved upon a prolonged tour
in South America; and in March 1853, after a farewell
visit to his father and mother at Paris, he sailed from
Havre for Valparaiso in a French vessel named La Pauline.
The constant bickerings between his parents and his
mother's violent temper rendered his home an unhappy
one, or, as he expressed it in one of his letters, a ' hell
upon earth.' But there was a stronger motive which
contributed to drive him from Europe. From his earliest
Stonyhurst days he had been thrown in the society of
his English relatives, and his various holidays and periods
of leave had been spent amongst them, sometimes with
the Seymours at Knoyle, sometimes at Bath, sometimes
at Townley and at Bilton Grange, but more particularly
with Sir Edward and Lady Doughty at Tichborne, and at
Upton, their seat in Dorsetshire. With Lady Doughty he
was on the warmest and most affectionate terms; a great
mass of their correspondence is preserved; she seems to
have stood much more in the relation of a mother to him than
did ever Mrs. James Tichborne, and in the course of the year
1849 he had confided to her his attachment to her only child.
     As time passed on this attachment strengthened, and
there was much to make the match desirable on the part
of Lady Doughty. Roger would ultimately succeed to
his uncle's estates, and it would ensure her daughter's
residence in the home of her childhood. Both she and
Sir Edward were sincerely attached to their nephew, and
she must have known that her daughter's feelings towards
Roger were growing into something warmer than mere
cousinly affection, but, on the other hand, there were
serious drawbacks. Roman Catholics are not allowed to
marry their first cousins without papal dispensation; and

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apart from this, Roger's habits were such as to cause
grave uneasiness. In days when moderate smoking was
looked upon as a sure concomitant of dissipation, he
smoked immoderately; his aunt had reason to believe
that he drank too much; and the collection of Paul de
Dock's novels, which formed a considerable part of his
library, filled her mind with apprehensions of another sort.
Talebearers were not idle; many of her letters are taken
up with remonstrances to her nephew; and she obviously
felt serious misgivings as to whether his character was
sufficiently stable to ensure her daughter's happiness.
Roger spent the Christmas of 1851-52 at Tichborne; and
on the 11th of January Sir Edward sent for him into the
library, told him he had noticed the growing attachment,
that he could never sanction the marriage, and that Roger
had better go quietly away. He was granted an inter-
view with his cousin, which left no doubt that his affection
was returned, and he quitted the house after a sad part-
ing, the memories of which he recalled in a most pathetic
letter addressed to Miss.Doughty.
    In less than a fortnight Roger was summoned back by
the news that his uncle was dying; and on what he
believed to be his deathbed Sir Edward Doughty relented
and gave his consent to an engagement, provided that
a dispensation from the Pope and the approval of Mr. and
Mrs. James Tichborne could be obtained. The illness
took a turn for the better, and after waiting for a few
days, Roger returned to his regiment at Clonmel.
     The engagement was not destined to be of long duration.
Lady Doughty heard fresh stories about her nephew; and
when, in the course of the summer, the latter injudiciously
pressed for an immediate marriage, the Doughtys insisted

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that for three years their daughter should be free, and
that in the interval there should be no communication by
letter or otherwise. Roger took this as a dismissal, though
there was no formal rupture, and he met his cousin for the
last time on the 22nd of June 1852. From that date till
his departure from England he refused to revisit Tichborne,
even to bid farewell to his uncle, who was gradually sinking,
and Lady Doughty was careful to keep the lovers asunder.
Roger's letters to his aunt continued frequent and affection-
ate, but his correspondence with his friend Vincent Gosford
showed how deeply he resented what he considered her unfair
treatment of him. At the same time, he never abandoned
hope of ultimate success; and on the 22nd of June 1852,
when he parted from Miss Doughty at Tichborne, Roger
gave her the following paper, which he desired her to keep:-
    'I make on this day a promise that if 1 marry my
cousin, Catherine Doughty, this year, before three years
are over, at the latest, to build a church or chapel at
Tichborne to the Holy Virgin, in thanksgiving for the
protection which she has thrown over us, and in praying
God that our wishes may be fulfilled.'
     This promise or vow was no hasty resolution formed on
the spur of the moment. Early in the year, unknown to his
parents and relations, lie had made his will. Obstinacy
and secretiveness were strongly marked characteristics of
Roger's, and he had additional reasons for not confiding
his intentions to those about him. In 1850, on the
occasion of the resettlement of the family estates consequent
upon his coming of age, he had withstood strong pressure
put upon him by his uncle and father, both personally
and through the family solicitor, Mr. Hopkins of Alresford,
and had insisted upon making himself master of all the

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details, and upon having his own way in several important
particulars. He was unwilling to reopen these old
grievances; and feeling that Mr. Hopkins, for whom he
had contracted a dislike, would be sure to combat his
wishes, and possibly appeal to other members of the
family, he gave the instructions for his will to a well-
known Roman Catholic solicitor, Mr. Slaughter. The
will was a very carefully planned document, and in the
letter containing his final directions he concluded with
these words: ` My private wishes and intentions, as I
intend to have them carried out if I live, I have confided
to Mr. Vincent Gosford.'
     Mr. Gosford was the steward of the Tichborne estates,
and though a good many years his senior, was the most
intimate friend that Roger Tichborne had in the world.
Much of the latter's spare time was spent in Gosford's
office at Cheriton, and his letters to him breathe the most
unrestrained confidence upon every subject, including his
hopes and fears with regard to his cousin. In one of
these, written in 1852, he says :-
    ' I have written my will and left it with Slaughter, and
the only thing I have left out is about the church, which
I will only build under the circumstances which I have
left with you in writing.'
     This writing was the original of the vow, and it had
been drawn up in Gosford's presence, and at his office, one
morning during the early days of January, prior to Roger's
dismissal from Tichborne. After reading it over aloud,
the latter had put it in an envelope, sealed it with his
own seal, and marked it Private and Confidential, nor did
he ever inform Gosford of the existence of the duplicate,
which he gave subsequently to Miss Doughty.

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     Roger Tichborne reached Valparaiso on the 19th of
June 1853, and there learned the news of Sir Edward
Doughty's death. In the letter which he immediately
despatched to his aunt he expressed the intention of
travelling for eighteen months in South America, and then
going on to India, and he at once proceeded to put the
first part of the plan into execution. He had ample
means; his allowance of £500 a year was doubled by his
uncle's death; and from Valparaiso he went to Santiago,
where he had a daguerreotype of himself taken, which
was duly sent home, and thence to Lima, returning to
Valparaiso, and then crossing the Cordilleras to Buenos
Ayres, from which place he reached Rio de Janeiro in April
1854. During all this period he corresponded freely and
even copiously with those at home -- his father, his mother,
Lady Doughty, and others, but above all with Gosford.
He had long been in the habit of keeping a journal, and
lengthy extracts from it, if not the actual journal itself,
were submitted to the domestic circle, and passed from
hand to hand.
     An extract from one of these will not only give some
idea of the manner in which his time was occupied, but
will afford an illustration of the sort of correspondent
which Roger Tichborne was :--

`BUENOS AYRES, March 1, 1854.    
    'MY DEAR MOTHER, -- It is certainly strange that every
one of your letters as far back as I can remember have
always been and are still now always on the same subject,
without the least variation. Those subjects are invariably
the duties of a son towards his mother, which fill up as a
matter of course at least the first two pages. The two

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other pages are generally filled up with all kinds of
imaginary fears and a list of accidents, the illness and
sickness of every description which are quite unknown to
anybody else but yourself. It must certainly be the work
of your imagination which makes you think of so many
things . . . .
     ` It is quite impossible for me to fix in any kind of way
the time of my return to England. The life which I am
following suits my taste too well for me to leave it in a
hurry, especially as my health is remarkably good, and
promising to keep so for a long time to come. I left
Santiago in the middle of summer, which is the month of
January, that is to say, on the 11th of January, to cross
the Cordilleras of the Andes. We did not though reach
the foot of those high mountains till the morning of the
third day, when we began to ascend the first chain of
mountains; we got down the other side early in the
afternoon; we pushed on with our horses and mules so as
to be able to reach the foot of the second, but it was not
possible for us to reach it that day. We had, therefore, to
build up our camp and cook up our dinner, which we all
took with delight, as we had all of us very good appetites.
After dinner we prepared our beds, which was nothing
more than sheepskins, and after rolling ourselves in our
cloaks went fast asleep . . . .
     'I have seen certainly a great many countries in my life,
but I never saw one where the sceneries which a person
sees from the top of the Cordilleras of the Andes, for
the wildness and magnificent scenery which he sees before
him I don't think that there is anything to be compared
to it in the world . . . . I have not time now to send you
an extract of my daily journal to-day, but I shall write it

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out for you as soon as I shall have time. I suppose you
must be by this time accustomed to the English country
life, which is by far the best life to lead. Tichborne is a
very nice place in all seasons in the year. Pray give my
love to my father and Alfred.-- And believe me, my dear
mother, your very affectionate son,
'R. C. TICHBORNE.'     

     He led a wild, healthy, out-of-door life, indulging in roving
expeditions with Indian boatmen, in fishing and shooting,
and in long dangerous rides; and, always interested in
natural history, he made a collection of skinned birds, which,
with pictures and other curios, were consigned to Tich-
borne. Ten months, however, of South America were
enough for him, and his next goal was Jamaica. The
English servant, Moore, who had accompanied him from
home he seems to have regarded as a spy upon his move-
ments; and when the man was taken ill at Santiago early
in the expedition, Roger was relieved rather than other-
wise, and filled his place from time to time with French
attendants.
     Arrived at Rio, he found an English ship, the Bella, ready
to start for Kingston, and on the morning of the 30th of
April she sailed with Roger Tichborne on board. Four
days afterwards her long-boat was found floating bottom
upwards, and in the vicinity were articles of wreckage
which belonged to the ship, and which left no doubt that
the Bella had foundered and gone down in the deep sea.
There was nothing to show whether those on board had
perished; but as months rolled on, and all inquiry proved
fruitless, and no tidings came from land or ocean, it was
assumed as beyond all question that neither passenger nor

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crew had survived the wreck. The insurance money was
paid, the owners settled with the relatives, and in July
1855 Messrs. Slaughter and Gosford proved Roger Tich-
borne's will, of which they were the executors. Curiously
enough, no monument seems to have been erected to him ;
but of the grief and distress caused by his untimely end
there is ample evidence, and, with one exception, no single
member of his family seems to have entertained the
slightest doubt of his death. That exception was Lady
Tichborne ; from the hour when the loss of the Bella was
reported she never wavered in the belief that her son
would be restored to her.
     Years rolled by, bringing all their changes. In 1854
Miss Kate Doughty had married Mr. Percival Radcliffe,
the heir to a Yorkshire Baronetcy. In June 1862 Sir
James Tichborne died, and was succeeded in his title and
estates by his only surviving son, Alfred, who assumed the
additional name of Doughty, as his father had done before
him. Sir Alfred's days were few and evil; he was reck-
lessly extravagant, and in the hands of the money-lending
fraternity. His pecuniary difficulties gave rise to a whole
crop of litigation; and when he died, in February 1866,
the estate was very seriously involved. He had married
a daughter of Lord Arundel of Wardour, a niece of Lady
Doughty, and he left no issue living; but a few months
after his death Lady Tichborne gave birth to a son, the
present baronet, Sir Henry Alfred Joseph Doughty
Tichborne.

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